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Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

Possibly.

However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.

Examples:

You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?

USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.

There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...

Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.

Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.

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indianindian2006

02-23 01:18 AM

I think we need to find out rival Anchor/Channel for Lou Doobs and inform him with all the facts.

And if you feel your esteemed queue is getting bigger you are more than welcome to leave this place.

And Sir dontcareanymore, who are you to show people out.

Please calm down, its ok if someone has ideas that donot match 100% to your ideas; your decency is in letting people speak and hear them still.

friend.....Donot get angry, please.

what a pity, we donot let anyone talk, speak unless they agree with us and we call ourselves educated, democratic....voice of immigration.... may i dare say ...."we are not even close"..

lets not fight, please. I am not blaming you sir, but the action. so please donot blast me, i know you are a wonderful person; i am blaming the action not you.

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qasleuth

03-24 02:55 PM

Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.

I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.

For 330K house, the calculations are probably splitting hairs. If it had already lost value to what the income in your area can support, then it is good time. But if it is still going down, I would rather buy a house at the bottom even if the interest rate gets higher. I can sell the house immediately without loss, if I have too.

You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.

Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.

Location is most important that any thing. It is very very localized. do u think manhattan house price went down..in fact it went up. Similarly DC metro area is relatively stronger compare to mid west.

A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.

One funny thing..people are planning how to sell before they even look for house to buy. lol..

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mmillo

07-08 12:57 PM

unitednations..!!

r u the same from immigrationportal.com.. !! people r looking out for u in this immigration greencard darkness..

Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

Hi kutra,

Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".

What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.

Here is my take on this EB1, EB2 and EB3.

Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.

By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.

If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.

Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.

I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon. As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

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pappu

04-09 02:42 PM

Let us all have constructive discussion on this bill rather than fighting with each other or blaming others or blaming companies. Think of ways you can strengthen this organization and help us in the work we have in front of us.

This thread has run into several pages, but the call the lawmakers thread was begging for attention whole of last week.

Could not agree with you more on this. They have systematically targeted people of particular races. This is nothing but high tech lynching. If these people are against H1 just come out a say that. But these hypocrites don�t have the balls to say that so they are targeting a particular race.

Imagine telling an Indian or Chinese doctor to treat only Indian and Chinese patients and not anybody else. That�s what this law is essentially doing to technology consultants. You can only work within the company but cannot do consulting. But if you are an American citizen you can do consulting, body shopping etc but you cannot do that with H1!!!!.

I didn�t have much of an opinion regarding a path to citizenship to illegals, I could not understand why Kennedy was spoiling the whole CIR by stressing on path to citizenship for illegals. Now I understand exactly why Kennedy and some others stress about path to citizenship for illegals. They don�t want the illegals to go through these same gotchas that they are trying to put us h1's through. Kennedy knows that unless the illegals are given a path to citizenship they will be constantly exploited like we are.

The people who are sponsoring this law are xenophobes masquerading as h1 reformers. Of all the groups who claim they are trying to reform h1 you can easily weed out the pretenders and the real ones. The only real one is IEEE-USA They know H1b is necessary but don�t agree with some exploitation going on with the system. So the IEEE-USA made some of these proposals 1. Give green cards to US educated students directly instead of H1 2. Delink H1 from employers which will make them more mobile and not subjected to exploitation by employers.

Now IEEE-USA was truly interested in reforming H1 that why they made the above proposals. Now these xenophobes who proposed this draconian law did not include any of these proposals, why? Because there objective is not to reform H1 but to throw us out and kill h1 based on an excuse called reforming h1. If they were really interested in reforming h1 they would have included the above proposals in the bill.

This bill will pass one way or the other. The only solution for us would be 485 without priority date. But do we have the will and more importantly the resources to pull that off. Other than the personal effort of the core team and 200 odd contributing members who do we have to count on. People atleast now contribute, even before we could take one step forward we have been pushed 2 steps backward. As logiclife has said its no longer just about green card our very own existence is being eliminated. Please contribute atleast now for your own good.

So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.

Muslims are cowerds. They never come out in open and attack. They take the means of Jihad etc.... No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves. Read the link below on how mean they are. http://www.rense.com/general29/FAHD.HTM

Now this article states the Israel - Palestine conflict clearly. God bless Israel. God has always been with Israel.

Intrestingly the artical also says...

The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan

Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..

Thanks, Kris

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anandrajesh

03-23 11:11 PM

ok...this is something..

apparently they called my employer also and has asked them to provide all details.

All I-9s All performance appraisals my works schedule my vacation requests this year current salary supervisor details

:)

Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.

You are wrong, see my post above. Even if you stay at same employer, your H1 wont be extended if you file for extension. If extension fails, its goodbye for employee and loss of employee and revenue for employer.

EVERYONE LOSES.

Thanks for the clarification.

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suavesandeep

06-25 01:32 PM

ValidIV, I guess i am old school. I like to live within my means and own things in the true sense of owning. Read a lot about leveraging and know if not used correctly you get into financial meltdown we have now.

I know really smart people make lot of money using this leveraging model. I wish you the best and hope you own 10 homes so that you can donate some to your grandchildren also.

I will be happy owning one home. And hope to repay it off quickly so i dont have any BANK to answer to. Having a peace of mind that one day when i pay off the home nobody can kick me off my home for any reason is PRICELESS to me.

Owning 10 homes so that you can donate to your grandkids may be PRICELESS to you. I wish you the best.

Your analysis is so spot on except for item #8 and item # 9. I have a question though.. The example you have given suits my scenario so well. I am planning to buy a house (310k ) very soon. The loan offers I have from my lender has interest rates pretty much the same for both 10% down payment and 20% down payment, 5.0 with 20% and 5.25 with 10% down payment. I can down pay 10% right away and the other 10% is also available in a risk free(can withdraw without penalty) cd which yield me a return of 3.5% . So which is better for me 10% or 20% down pay. thanks in advance.

As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see what it feels like to have owned a home.

If I were you..I would go with the 10% down payment option. Your monthly payment would not increase much and you would have more cash safe in CD for life events.

Consider the rent you are currently paying and make a choice...buying a home should not burden you with more than 10-20% of you current rent payment. In my case I am more conservative and going with a mortgage < my current rent payment.

Current rent: $2200 Mortgage: ~$1500-1600 Price trend in the past 5yrs: down <20% from peak prices

Estimate living time: 2yrs min

Even if house value drops after 2yrs by 10%, the tax savings, equity, happiness would compensate more than enough for it...

I agree everyone's situation is different, but please do not make the mistake of taking a huge burden of payment if you are buying. Always buy within/below your means...

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riva2005

04-08 11:43 PM

Again, IEEE went out of its way to get extra H1Bs for US-educated students. That alone wipes out your arguments because these H1Bs are for foreigners and these people sure will increase competition for people born here. IEEE is not only for meaningful reform, they have the power to do what they want.

Just because they have a position paper and a pdf file saying that they support US educated immigrants doesnt mean they do that.

If IEEE-USA really cared about US educated students, they would have put in a provision to raise the cap for US masters degree holders from 20,000 to 40,000. Did they do that in this bill? NO.

What created the 20,000 H1B visas for US educated students is lobbying by US universities. They saw a drop in student enrollment due to shortage of H1 visas in 2002 and 2003. Read the bureau of Immigration stats report to verify that drop in F1 visa demand from India and China in the early 2000s. Now its back up.

Ron Hira and IEEE-USA have systematically worked for nearly 10 years to eliminate H1B program. However, they are doing it in a way that makes them look like reasonable people and helps them mask their xenophobic and protectionist attitude.

This bill has been pretty much authored by xenophobes of IEEE-USA. If you look at the IEEE-USA website and what Sen. Grassley has been saying over the years, it has an uncanny similarity. Last year, IEEE-USA's insistence caused Sen. Grassley to put amendment in Jud committee to remove the provision of EAD for L1 spouses. Look at IEEE-USA's website and you will find remarkably similar material. Whether it was a justified and fair amendment, its a different issue.

Lately, IEEE-USA has been against H1B employees who go back to India and China. Some time ago, they were saying "When does temporary end and permenant begin"...meaning, what part of "Temporary" do H1B "temporary non-immigrant" workers do not understand. They were against H1B employees becoming permenant by seeking Greencards and wanted them to go back after 6 years.

Then they started opposing people who come here and go back because that is supposed to facilitate outsourcing. And IEEE-USA, like Lou Dobbs, hates outsourcing. So now they are unhappy even if H1B workers come here for 3-6 years and go back.

So in a nutshell, they(IEEE-USA) are against H1B employees if they :

1. Come here and stay here on GC. 2. Come here and go back. 3. Never come here but work for US companies and enable outsourcing.

So the people who oppose all 3 of the above...like RON HIRA of IEEE-USA basically does not want us to exist in hi-tech work. Probably they would want all Indian and Chinese engineers to work in fields and pick cotton.

Similary, Chuck Grassley has no problem with giving amnesty to illegals if they are agricultural workers. But in general he doesnt want too much immigration. So immigration is fine, as long as the brown people dont do white people's job. Immigration is good as long as brown people stick their brown asses in fieds picking cotton and stay away from that keyboard so that people like Ron Hira and his colleagues can get their 1990s back and write 4 lines of code per week and make $100,000 a year.

Rimzhim, this whole public policy thing is really not your cup of tea. You go and stick to whatever it is that you are doing and let the core group handle this issue. This elitist attitude of "I am masters, I am Ph.D" is splinting apart this organization and you are too obtuse to understand the twisted ways of IEEE-USA.

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xyzgc

12-27 12:45 AM

Do you mean to say that the state and the government of Pakistan did this?

Let me give you an example... Was Lebanon directly responsible for rocket attacks on Israel? No. Was Hezbollah responsible? Yes. Wasn't Hezbollah part of the govt of Lebanon and active in Lebanese politics? Yes. Did Lebanese govt disarm Hezbollah? No. Doesn't it make Lebanon responsible? Like abcdgc pointed out, ISI is very much a part of Pakistan.

suavesandeep

06-05 11:53 AM

Good analysis there dude! While no one can predict future, the least we could do is prepare ourselves for good and bad times. IMO people should look at purchasing only if these conditions apply:

1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home 2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities) 3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away) 4) Planning to stay in the house for a MIN 2yrs

One would argue why buy now if it might go lower... if above conditions are met..it would be a relatively safe buy and above all...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it.. an old friend of mine always says...live life..love life...be life and i believe she is right.. I think we are in unprecedented times...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.

My friend in bay area bought his house 3 years back in a decent school district and he is more than 150K under water. He is going to be stuck in the house now till his house appreciates to the original principal. If he wants to move out of the house he will have to pay the 150k difference from his pocket.

This is what scares the shit of me. I really don't care too much if the house i buy after doing all the valid calculations as described above does not appreciate for a long time. Also I am not buying the house for investment reasons. But i dont want to be in a situation where 5 years down the line after i bought the house i have lost money on the house and would need to shell out money from my pocket to move out like my friend is today. I am sure 2 years from now which will be 5 years for my friend he will still be under water.

Like most Americans i would like to buy a smaller home which i can afford now since we are a small family and may be 5 years from now may want to move to a bigger home in a better location.

But how things look currently it looks like i may be stuck in the house for a long long time and the standard advise of "buy a home if you plan to stay at least in the house for 5 years" may not apply. Imagine in the worst case being stuck in the same house for 30 years. May not be a big deal but just puts more pressure on you to buy that perfect house which you are sure you will be happy to live there for the next 30 years if needed.

This is what spooks me the most of the current housing market. Again this concern is due to unprecedented times we are in, I am sure 5 years back this would not concern me.

Any thoughts?

mariner5555

04-09 10:51 PM

we've found that the more compelling arguments tend to be those related to US competitiveness. If I was to use the housing argument in a meeting, I would use it in a light hearted way while making a serious point. For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on. Mentioning it in light hearted way would help too when you have predictions like this (latest report) from International Monetary Fund. ------ House prices have already fallen by around 10% in the US by some measures, and the IMF says that they may be over-valued by more than 20% in the UK, Ireland and Spain. It is forecasting further falls in US house prices of 14% to 20% this year. --------- GC is definitely the main issue for atleast 10 of my friends (and I guess it is an issue for many others). our view is why invest in immovable assets while we are at the mercy of a govt agency. ofcourse - I would guess that many of the govt advisors must have suggested the link between immigration and housing to the policy makers. in the end it is supply and demand. there are other ways too ..US laws are influenced by lobbyists and I am sure there is a huge builders, realtors lobby ..maybe IV could explain the issue to them ..and in turn expect them to explain this issue to lawmakers ..

a quick note - I am not saying that if a person gets a GC then he will run and buy a house. but for many GC is the first thing that has to happen before he/she even starts to look around.